(b)the extent to which a part of a person’s gross revenue is attributable to the provision of any dynamic spectrum access 5service,

is to be ascertained in accordance with such principles as may be set out in a statement made by OFCOM.

(5)Such a statement may provide for the amount of a person’s gross revenue for an accounting period that is current when the amount falls 10to be calculated to be taken to be the amount estimated by OFCOM, in accordance with the principles set out in the statement, to be the amount that will be the person’s gross revenue for that period.

(6)OFCOM may revise a statement made under subsection (4) from time to time.

(7)15A statement made or revised under this section may set out different principles for different cases.

(8)Before making or revising a statement under this section, OFCOM must consult the Secretary of State and the Treasury.

(9)OFCOM must—

(a)20publish the statement made under subsection (4) and every revision of it, and

(b)send a copy of the statement and of every such revision to the Secretary of State,

and the Secretary of State must lay copies of the statement and of every 25such revision before each House of Parliament.

(10)In this section—

“accounting period”, in relation to a person, means a period in respect of which accounts of the undertaking carried on by the person are prepared or, if one such period is comprised in 30another, whichever of those periods is or is closest to a 12 month period;

“gross revenue”, in relation to a person, means the gross revenue of an undertaking carried on by that person.

53IRequirement to provide information about gross revenue

(1)35OFCOM may require a person to whom a notification has been given under section 53E to provide them with all such information as they may require for the purpose of ascertaining the person’s gross revenue.

(2)A demand for information required under this section must be contained in a notice given to the person from whom the information is 40required.

(3)A person required to give information under this section must provide it in such manner and within such reasonable period as may be specified by OFCOM.

(4)Sections 53K to 53M apply for the purposes of a requirement imposed 45under this section as they apply for the purposes of a requirement imposed under section 53J.

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Information

53JProvision of information to persons registered under section 53A

(1)OFCOM may require a person falling within subsection (2) to provide a person registered under section 53A with all such information as 5OFCOM consider necessary and proportionate for the purpose of enabling the registered person to avoid undue interference with wireless telegraphy.

(2)The persons falling within this subsection are—

(a)a person who is using, or has established or used, a wireless 10telegraphy station, and

(b)a person who is using, or has installed or used, wireless telegraphy apparatus.

(3)A demand for information required under this section must be contained in a notice given to the person from whom the information is 15required.

(4)The notice must—

(a)describe the required information,

(b)specify the manner and form in which it is to be provided,

(c)specify when and (if appropriate) how frequently it is to be 20provided, and

(d)specify to whom it is to be provided.

53KNotification of contravention of information requirements

(1)Where OFCOM determine that there are reasonable grounds for believing that a person is contravening, or has contravened, a 25requirement imposed under section 53J, they may give the person a notification under this section.

(2)A notification under this section is one which—

(a)sets out the determination made by OFCOM,

(b)specifies the requirement and contravention in respect of which 30the determination has been made,

(c)specifies the period during which the person notified has an opportunity to make representations, and

(d)specifies any penalty which OFCOM are minded to impose in accordance with section 53L.

(3)35A notification under this section—

(a)may be given in respect of more than one contravention, and

(b)if it is given in respect of a continuing contravention, may be given in respect of any period during which the contravention has continued.

(4)40Where a notification under this section has been given to a person in respect of a contravention of a requirement, OFCOM may give a further notification in respect of the same contravention if, and only if—

(a)the contravention is one occurring after the time of the giving of the earlier notification,

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(b)the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates, or

(c)the earlier notification has been withdrawn without a penalty 5having been imposed in respect of the notified contravention.

53LPenalties under section 53K

(1)This section applies where a person is given a notification under section 53K that specifies a proposed penalty.

(2)Where the notification relates to more than one contravention, a 10separate penalty may be specified in respect of each contravention.

(3)Where the notification relates to a continuing contravention, no more than one penalty may be specified in respect of the period of contravention specified in the notification.

(4)But, in relation to a continuing contravention, a penalty may be 15specified in respect of each day on which the contravention continues after—

(a)the giving of a confirmation decision under section 53M(4)(c) which requires immediate action, or

(b)the expiry of any period specified in the confirmation decision 20for complying with a requirement so specified.

(5)The amount of a penalty specified under subsection (4) is to be such amount, not exceeding £20,000 per day, as OFCOM determine to be—

(a)appropriate; and

(b)proportionate to the contravention in respect of which it is 25imposed.

(6)The amount of any other penalty specified under this section is to be such amount, not exceeding £2 million, as OFCOM determine to be both—

(a)appropriate; and

(b)30proportionate to the contravention in respect of which it is imposed.

53MEnforcement of notification under section 53K

(1)This section applies where—

(a)a person has been given a notification under section 53K,

(b)35OFCOM have allowed the person an opportunity to make representations about the matters notified, and

(c)the period allowed for the making of representations has expired.

(2)OFCOM may—

(a)40give the person a decision (a “confirmation decision”) confirming the imposition of requirements in accordance with the notification under section 53K, or

(b)inform the person that they are satisfied with the person’s representations and that no further action will be taken.

(3)45OFCOM may not give a confirmation decision to a person unless, after considering any representations, they are satisfied that the person has,

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in one or more of the respects notified, been in contravention of a requirement notified under section 53K.

(4)A confirmation decision—

(a)must be given to the person without delay,

(b)5must include reasons for the decision,

(c)may require immediate action by the person to comply with a requirement notified under section 53K, or may specify a period within which the person must comply with the requirement,

(d)may require the person to pay—

(i)10the penalty specified in the notification under section 53L, or

(ii)such lesser penalty as OFCOM consider appropriate in the light of the person’s representations or steps taken by the person to comply with the requirement or 15remedy the consequences of the contravention, and

(e)may specify the period within which any such penalty is to be paid.

(5)It is the duty of the person to comply with any requirement imposed by a confirmation decision.

(6)20That duty is enforceable in civil proceedings by OFCOM—

(a)for an injunction,

(b)for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

(c)for any other appropriate remedy or relief.

(7)25A penalty imposed by a confirmation decision—

(a)must be paid to OFCOM, and

(b)if not paid within the period specified by them, is to be recoverable by them accordingly.””

(2)In section 111(3) of that Act (exemptions from general restriction on 30disclosure), after paragraph (c) insert—

“(ca)by OFCOM to a person registered under section 53A for the purpose of providing the dynamic spectrum access service in respect of which the person is registered;”.”

(3)In section 115(1) of that Act (general interpretation), at the appropriate place 35insert—

“““dynamic spectrum access service” has the meaning given by section 53A;”.”

(4)In section 400(1) of the Communications Act 2003 (destination of fees and penalties)—

(a)40in paragraph (d), before “of that Act” insert “or Part 2A”, and

(b)after that paragraph insert—

“(da)an amount paid to OFCOM in respect of a fee charged under section 53D of that Act;”.”

(5)In Schedule 8 to that Act (decisions not subject to appeal)—

(a)45in paragraph 40(a), after “45” insert “, 53A(7), 53D”,

(b)in paragraph 41, for “or 24” substitute “, 24 or 53D(6)”, and

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(c)in paragraph 43, omit the “or” after paragraph (a) and at the end of paragraph (b) insert “, or

(c)section 53H.””

Other regulation of spectrum

95Statement of strategic priorities

In Part 1 of the Wireless Telegraphy Act 2006, after section 7 insert—

““Statement of strategic priorities

7AStatement of strategic priorities

(1)The Secretary of State may designate a statement for the purposes of 10this section if the requirements set out in section 7C (Parliamentary procedure) are satisfied.

(2)The statement is a statement prepared by the Secretary of State that sets out strategic priorities of Her Majesty’s government relating to the management of the radio spectrum in the United Kingdom.

(3)15The statement may, in particular, set out—

(a)particular outcomes identified with a view to achieving the strategic priorities, and

(b)the roles and responsibilities of persons (whether the Secretary of State, OFCOM or other persons) who have functions to which 20the strategic priorities relate.

(4)This section does not restrict the Secretary of State’s power under section 5 of this Act or section 5 of the Communications Act 2003.

(5)A statement designated under subsection (1) may be amended (including by replacing the whole or part of the statement with new 25content) by a subsequent statement designated under that subsection, and this section and sections 7B and 7C apply in relation to any such subsequent statement as in relation to the original statement.

7BDuties of OFCOM in relation to statement

(1)This section applies where a statement has been designated under 30section 7A(1).

(2)The Secretary of State must—

(a)publish the statement in such manner as the Secretary of State considers appropriate, and

(b)take such other steps as the Secretary of State considers 35appropriate for the purpose of bringing it to OFCOM’s attention.

(3)OFCOM must have regard to the statement when carrying out their radio spectrum functions.

(4)The duty imposed by subsection (3) does not affect the obligation of 40OFCOM to comply with any other duty or requirement (whether arising under this or any other Act or otherwise).

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(5)If required to do so by the Secretary of State OFCOM must, within such period as the Secretary of State may direct—

(a)explain in writing to the Secretary of State how they propose to comply with the duty imposed by subsection (3), and

(b)5publish a copy of that explanation in such manner as OFCOMconsider appropriate.

(6)The Secretary of State must lay a copy of that explanation before Parliament.

7CParliamentary procedure for designation of statement

(1)10This section sets out the requirements that must be satisfied in relation to a statement before the Secretary of State may designate it under section 7A(1).

(2)Before designating the statement the Secretary of State must lay a draft of the statement before Parliament.

(3)15The Secretary of State must then wait until the end of the 40-day period and may not designate the statement if, within that period, either House of Parliament resolves not to approve it.

(4)“The 40-day period” is the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each 20House on the same day, the later of the days on which it is laid).

(5)When calculating the 40-day period, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.””

“(2A)The amount of a penalty imposed under section 42 for a contravention that is not a relevant multiplex contravention is to be such amount not exceeding 10 per cent of the relevant amount of gross revenue as 5OFCOM think—

(a)appropriate; and

(b)proportionate to the contravention in respect of which it is imposed.””

11Fixed penalties under Wireless Telegraphy Act 2006

(2)The amendment made by this section does not apply in relation to a fixed penalty notice issued in respect of an offence committed before this section comes into force.

12Search warrants under Wireless Telegraphy Act 2006

(1)30In section 97(3) of the Wireless Telegraphy Act 2006 (period for entering premises under warrant) for “of three months beginning with the day after the date of the warrant” substitute “beginning with the grant of the warrant and ending three months after the end of the day on which the warrant is granted”.

(2)The amendment made by this section does not apply in relation to a warrant 35granted in respect of an offence committed before this section comes into force.

(3D)In relation to proceedings in Scotland, subsection (3) of section 136 of 35the Criminal Procedure (Scotland) Act 1995 (date when proceedings deemed to be commenced for the purposes of that section) applies also for the purposes of section 41(7) and subsection (3B) above.””

(3)In section 41 (procedure for prosecutions)—

(a)in subsection (3)(b) for “allowed under that section” substitute 40“specified under section 39(2)(c) for making representations”;

(b)in subsection (7) for the words from “allowed” to the end substitute “specified under section 39(2)(c).”;

(c)for subsection (8) substitute—

“(8)For further provision about prosecutions see section 107.””

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(4)The amendments made by this section do not apply in relation to an offence committed before this section comes into force.

Part 3Online pornography

155Internet pornography: requirement to prevent access by persons under the age of 18

(1)A person must not make pornographic material available on the internet on a commercial basis to persons in the United Kingdom except in a way that secures that, at any given time, the material is not normally accessible by 10persons under the age of 18.

(2)For the purposes of this Part, making pornographic material available on the internet on a commercial basis includes making it available on the internet free of charge—

(a)on or via an internet site which is operated on a commercial basis, or

(b)15via any other means of accessing the internet which is operated or provided on a commercial basis.

(a)types of arrangements for making pornographic material available that the regulator will treat as complying with subsection (1);

(b)20circumstances in which the regulator will treat an internet site or other means of accessing the internet as operated or provided on a commercial basis; and

(c)other circumstances in which the regulator will treat making pornographic material available on the internet as done on a 25commercial basis.

(4)Regulations 17 to 20 and 22 of the Electronic Commerce (EC Directive) Regulations 2002 (S.I. 2002/2013S.I. 2002/2013) apply in relation to this Part, despite regulation 3(2) of those Regulations.

(5)For the purposes of this Part—

(a)30making material available on the internet does not include making the content of an on-demand programme service available on the internet in the course of providing such a service;

(b)a means of accessing the internet does not include any device or other equipment for doing so.

(6)35In subsection (5), “on-demand programme service” has the meaning given by section 368A of the Communications Act 2003.

16Meaning of “pornographic material”

(1)In this Part “pornographic material” means any of the following—

(a)a video work in respect of which the video works authority has issued 40an R18 certificate;

(b)material that was included in a video work to which paragraph (a)applies, if it is reasonable to assume from its nature that its inclusion was among the reasons why the certificate was an R18 certificate;

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(c)any other material if it is reasonable to assume from its nature that any classification certificate issued in respect of a video work including it would be an R18 certificate;

(d)a video work in respect of which the video works authority has issued 5an 18 certificate, and that it is reasonable to assume from its nature was produced solely or principally for the purposes of sexual arousal;

(e)material that was included in a video work to which paragraph (d)applies, if it is reasonable to assume from the nature of the material—

(i)that it was produced solely or principally for the purposes of 10sexual arousal, and

(ii)that its inclusion was among the reasons why the certificate was an 18 certificate;

(f)any other material if it is reasonable to assume from its nature—

(i)that it was produced solely or principally for the purposes of 15sexual arousal, and

(ii)that any classification certificate issued for a video work including it would be an 18 certificate.

(2)In this section—

“18 certificate” means a classification certificate which—

(a)

20contains, pursuant to section 7(2)(b) of the Video Recordings Act 1984, a statement that the video work is suitable for viewing only by persons who have attained the age of 18 and that no video recording containing that work is to be supplied to any person who has not attained that age, and

(b)

25does not contain the statement mentioned in section 7(2)(c) of that Act that no video recording containing the video work is to be supplied other than in a licensed sex shop;

“classification certificate” has the same meaning as in the Video Recordings Act 1984 (see section 7 of that Act);

30“material” means—

(a)

a series of visual images shown as a moving picture, with or without sound;

(b)

a still image or series of still images, with or without sound; or

(c)

sound;

35“R18 certificate” means a classification certificate which contains the statement mentioned in section 7(2)(c) of the Video Recordings Act 1984 that no video recording containing the video work is to be supplied other than in a licensed sex shop;

“the video works authority” means the person or persons designated 40under section 4(1) of the Video Recordings Act 1984 as the authority responsible for making arrangements in respect of video works other than video games;

“video work” means a video work within the meaning of the Video Recordings Act 1984, other than a video game within the meaning of 45that Act.

17The age-verification regulator: designation and funding

(1)The Secretary of State may by notice designate any person, or any two or more persons jointly, as the age-verification regulator for the purposes of this Part.